AseBio values positively the vote on NGTs, but the proposal to ban patents could hinder innovation in the European Union
- Members of the European Parliament have agreed with the proposal to have two different categories and two sets of rules for plants derived from the use of NGTs.
- The total ban on patents for all plants obtained through the use of NGTs, claiming to avoid "legal uncertainties, higher costs, and new dependencies for farmers and breeders," will discourage agricultural innovation and genetic editing techniques in Europe.
- The Parliament is expected to adopt its mandate during the plenary session from February 5 to 8, 2024, after which it will be ready to start negotiations with EU member states.

The Committee on Environment, Public Health and Food Safety (ENVI) of the European Parliament adopted its position on the European Commission's proposal on New Genomic Techniques (NGTs) on Wednesday, January 24th, with a result of 47 votes in favor, 31 against, and four abstentions.
Previously, in October of the preceding year, the ENVI Committee had presented a proposal for amendments to the draft of the European Commission's proposal on plants obtained through NGTs, which was well-received by representatives of the biotechnology industry.
The voted amendments focus on clarifying what constitutes an NGT product and defining NGT plants. They also emphasize the need for the verification process to be based on scientific evidence. Additionally, these amendments provide considerations on the authorization and monitoring process for NGT plants and products, mainly those falling under category 1.
Based on the aforementioned vote on amendments, Members of the European Parliament have agreed with the proposal to have two different categories and two sets of rules for plants derived from the use of NGTs. Plants obtained through NGTs considered equivalent to conventional ones (NGT 1 plants) would be exempt from the requirements of legislation on Genetically Modified Organisms (GMOs), while for NGT 2 plants, this legislation adjusts the regulatory framework for GMOs.
It is noteworthy that MEPs have concurred that all plants obtained through the use of NGTs should be prohibited for use in organic production, arguing that their compatibility requires further consideration.
An important aspect of the conducted vote is that MEPs have modified the proposal to introduce a total ban on patents for all plants obtained through the use of NGTs, including plant material, their parts, genetic information, and process characteristics.
A decision based on avoiding 'legal uncertainties, higher costs, and new dependencies for farmers and breeders,' as reported by the European Parliament in a statement.
In this regard, Members of the European Parliament have requested a report before June 2025 on the impact of patents on breeders' and farmers' access to diverse plant reproductive material, as well as a legislative proposal to update EU rules on intellectual property accordingly.
In the face of a patent prohibition scenario, the European Union faces a limitation of its innovation capacity at a crucial moment for its future and the achievement of strategic autonomy. The use of NGTs can contribute to making our food system more sustainable and resilient by developing genetically improved plants that are more climate-resistant, disease-resistant, or require fewer fertilizers or pesticides, in addition to reducing CO2 emissions and food waste.
"The proposal represents a fundamental element for strengthening sustainable food security in Europe, with a regulatory framework that takes into account advances in new genetic techniques in the face of challenges such as the climate crisis and the agri-food sector's challenges," says Ion Arocena, CEO of AseBio.
"But we are concerned about the exclusion of plants obtained through NGTs from patentability, which will discourage the development of these technologies and their application to agricultural innovation. On the other hand, Europe is at a turning point where it must establish legislation in line with the pace and potential of this technology, as only then can it lead in terms of global innovation, move towards a more sustainable economy, and strengthen its strategic autonomy."
"Furthermore, it sets a precedent that may affect the development and application of new genomic techniques in other areas such as microorganisms, food, and even in the field of health, to the detriment of the development of new therapeutic options," he concludes.
The Parliament is expected to adopt its mandate during the plenary session from February 5 to 8, 2024, after which it will be ready to initiate negotiations with EU member states.
Ángel Luis Jiménez
Head of Communication and Content
662 172 126
ajimenez@asebio.com
AseBio brings together 300 entities and represents the entire Spanish biotechnology sector. Its mission is to lead the transformation of the country by positioning science, innovation, and especially biotechnology as drivers of economic growth and social well-being. Among its members are companies, associations, foundations, universities, technology centers, and research institutions that directly or indirectly engage in biotechnology-related activities in Spain.